1. Field of the Invention
The present invention relates to the field of electronic commerce conducted over public computer networks, and more particularly to regulating electronic mail using Postal Authority electronic postmarking.
2. Description of Related Art
Electronic mail (e-Mail) has grown in popularity and is widely used for both private and commercial communication. The growth in popularity derives largely from its ease of use, fast delivery, and low cost. Standardization and interoperability among e-Mail systems serves to provide a supporting infrastructure that is widely deployed. Many users consider e-Mail to be the electronic equivalent of paper-based letters and other forms of postal mail. While there are some common traits, in reality e-Mail is not the electronic equivalent of postal mail. Current e-Mail services lack the legal and regulatory framework that protects users of physical mail.
Further, e-Mail is typically promoted as a “free” service. In reality, e-Mail is not free. The cost to organizations that use e-Mail or provide e-Mail services has grown dramatically with the rise in popularity. More than half the rising cost can be attributed to the growth in unsolicited commercial e-Mail widely known as “SPAM,” originating from both legitimate and illegitimate sources.
Both technical and legislative solutions to the “SPAM problem” have been offered. Technical solutions typically involve blocking or filtering. Technical problems have proven to be only partly effective for target recipients, while having a disastrous impact on legitimate commercial advertisers that use “direct” e-Mail marketing. Further, blocking and filtering often result in undelivered legitimate business communications, and can have a serious detrimental impact on emergency e-Mail message communications. Legislative solutions such as the “CAN-SPAM” Act passed into law in the United States, and similar laws around the world, typically involve measures to establish norms of unlawful conduct and enforcement mechanisms. The effectiveness of measures such as these is not yet known. The ability to enforce such measures is not yet proven. Industry analysts question the effectiveness as well. According to an Internet Commentary entitled “Spammers must pay” by Jim Nail of Forrester Research, special to CNET News.com:                “Current technical and legislative solutions—like the CAN-SPAM Act of 2003—can, at best, only slow the flood of SPAM. The only permanent solution to the SPAM problem is to charge for email.”        
Forrester Research proposes an association run e-Mail payment system, where large and small ISPs, marketers and e-Mail marketing services companies would be association member-owners. A governance board would establish the technology standards, set the rate marketers would pay for e-Mail and oversee the registries' operations. This approach also lacks substantive enforcement mechanisms.
The “charge for e-Mail” approach to the SPAM problem typically is to require commercial advertisers that use e-Mail to pay for the service. For example, Goodmail Systems, Inc. of Mountain View, Calif. has proposed a system of paid stamps based on the teachings of Sundsted (U.S. Pat. No. 5,999,967) through which fees would be collected. Sundsted teaches a technique of filtering based on the value of an electronic stamp applied by the sender to an e-Mail message, the value (price to be paid by the sender) of which is predicated on agreement between the sender and intended receiver. This is combined with a mechanism for rating the value of the message content and charging the mailer accordingly. If the “stamp value” is greater than a predetermined amount established by the recipient, the e-Mail message is accepted and the sender is charged accordingly.
Goodmail Systems, Inc. discloses on their Web site (goodmail.com):                “Senders of volume email attach paid stamps to their outgoing messages. These encrypted stamps include verification of the sender's identity and require the sender to honor a “trusted unsubscribe” mechanism enforced by Goodmail Systems. In return, participating ISPs provide safe passage of stamped mail to recipients, thereby eliminating false positives and allowing legitimate mass mailers to interact with consumers in a reliable, trusted manner.”        
The teachings of Sundsted as applied by Goodmail Systems, Inc. lack substantive enforcement mechanisms and may require extensive modification to client-side software. Both factors represent significant obstacles to adoption and implementation. Further, the addition of an “e-stamp” as taught by Sundsted may represent a significant increase in the relative size of e-Mail messages sent, translating into greatly increased bandwidth requirements and costs to ISPs and commercial mailers. If this were required of all legitimate direct marketers that use e-Mail, the cost would most likely be prohibitive. This may suppress SPAM, but would be destructive of legitimate e-commerce.
Because e-Mail is so widely used for both private and commercial communications, and is considered by many businesses including legitimate commercial advertisers to be “mission critical,” a combination of technical, economic, and legislative solutions is required to address the needs of the stakeholders. Application of Postal Electronic Postmark (EPM) services to provide a range of opt-in, fee-based, “Postal e-Mail” services to mailers can serve the needs of individuals and businesses alike, while providing an economic disincentive to Spammers, and the legal and enforcement framework enjoyed by physical mail. Addressees will know that the e-Mail message has value to the mailer because they were willing to pay a Postal Authority for the mailing. Further, addressees will know that the level of identity proofing of the sender was sufficient to obtain a Trust Account through which payment for postmarking services is made. Message postmarking will provide strong message authentication and a definitive condition for selective acceptance of e-Mail messages by ISPs and enterprise e-Mail servers, significantly increasing the level of trust and delivery assurance. Payment of “Terminal Dues” to Internet Service Providers (ISPs) delivering Postal e-Mail to addressees will serve to promote cooperation and adoption by service providers. Payment of Terminal Dues may be structured on a transactional basis for each postmarked message delivered. Incentive fees may also be paid for information leading to the arrest and conviction of persons engaged in unlawful actions involving Postal e-Mail.
Postal administrations typically provide physical mail services that may be known as Standard Mail, First Class Mail, Certificates of Mailing, Delivery Confirmation, Certified Mail, Certified Restricted Delivery, and Registered Mail. Each of these classes of mail service afford the parties to a mail transaction certain benefits and legal protections, which benefits and protections may vary depending on the applicable national laws and regulations, as well as international agreements. Generally, national laws preclude interference and tampering with postal mail by third parties. National laws generally prohibit holding or destruction of postal mail by third parties without express written authorization given in advance by intended addressees. All of these physical mail services require payment of postage or service fees, in accordance with corresponding, pre-established fee schedules and agreements, to one or more postal administrations involved in providing the mail service purchased. In cross border transactions, National Postal Services share postage revenue for processing physical mail in accordance with bi-lateral agreements negotiated under the auspices of the Universal Postal Union (UPU), an organization of the United Nations. The delivering Post receives from the sending Post funds often referred to as “Terminal Dues.”
Large volume use of postal mailing services by a mailer typically involves establishment of a Trust Account through which the mailer pays for mailing services provided by a Postal Service. Establishment of a Trust Account typically involves some level of identity authentication of the mailer by the Postal Service. Such identity authentication may include verification of physical mailing address, tax identification number, credit history, telephone number, as well as other knowledge-based information.
Standard Mail, sometimes referred to as “advertising mail”, is defined for physical mail as mail matter not required to be mailed as First Class Mail. Mailers typically use Standard Mail to send:                Printed matter, flyers, circulars, advertising        Newsletters, bulletins, and catalogs        
First Class Mail is defined for physical mail as mailable matter characterized as the following:                Handwritten or typewritten material        Bills, statements of account or invoices, credit cards        Personal correspondence, personalized business correspondence        All matter sealed or otherwise closed against inspection.        
First Class Mail is typically used for business correspondence, as well as personal correspondence for which the sender desires privacy.
Certificate of Mailing is defined for physical mail as a receipt that provides evidence of the date that your mail was presented to a Postal Service for mailing. It can only be purchased at the time of mailing. It is the only official record available that can demonstrate that an article was mailed. Certificates of Mailing are typically used for both First Class and Standard Mail, and are an attestation by the Postal Service that the article was submitted to the mail stream.
Delivery Confirmation is defined for physical mail as a service providing the date, Postal Code (e.g., ZIP Code), and the time the article was delivered by the Postal Service. If delivery was attempted, the date and time of attempted delivery is provided. Delivery Confirmation is typically used for certain types of First Class and Standard mail, and is an attestation by the Postal Service that the article was delivered.
Certified Mail is defined for physical mail as First Class Mail with certification of delivery. Certified Mail provides the sender with delivery information and attestation by the Postal Service that the article arrived at its destination. Further, Certified Mail provides a unique article number and a receipt stamped with the date of mailing. As an additional security feature, the recipient's signature is obtained at the time of delivery and a record is maintained by the Postal Service. For an additional fee, senders can request a copy of the signature record before or after delivery with Return Receipt. Certified Mail is typically used for small articles that can only be sent using First Class Mail.
Certified Restricted Delivery is defined for physical mail as Certified Mail for which only a specified person (or authorized agent) can receive a piece of mail. Certified Restricted Delivery is typically used for Certified Mail with Return Receipt service providing a postcard with the date of delivery and intended recipient's signature.
Registered Mail is defined for physical mail as mail containing valuable or irreplaceable items for which loss is insured through the Postal Service. Registered Mail is used for shipment of items that have intrinsic value, and typically provides a Certificate of Mailing, Delivery Confirmation, Restricted Delivery, and Return Receipt. Registered Mail service is characterized by a higher level of security in handling than any other form of mail service from point of mailing to point of delivery to an addressee.